Update to File 29 Sep 2020 ![]() King James I by Workshop associated with 'Master John' oil on panel, circa 1547 - NPG 5511 Picture © National Portrait Gallery and licensed for reuse under the Creative Commons Licence The actual Charter dated 12th November 1547 granted to Dorchester by King Edward VI has not been preserved among Dorchesters records (1) but its reaffirmation by Philip and Mary in the year AD 1557 has. (2) Edward was The Charter is however referred to in the Visitation of Dorset held in the year AD 1565 by William Clarenceux King of Arms (3) who then inspected the 2 Charter seals surviving in Dorschester. Extract (Sic) from Page 12:- Two SEALS: [The same as those given in Figures 9 and 10 of Plates 11 and 14 of the Visitation of 1623 Harl.Soc.,p.3.] Theis be the Seals anciently used by the Batliffs, Constables and Burgesses of the Towne and Borough of Dorchester, which seals, I Clarentieulx King of Armes of the |South, East and West partes of this Realme of England, have not only ratisfied and confirmed unto the Bailiffs, Constables and Burgesses of the said towne and Borough of Dorchester, but have also recorded the same in the Registers of this my Visitation now made within the countie of Dorset; and at this p'sent [presentation] was :- (1). Ref Municipal Records of Dorchester (MRD) Catalogue of Charters page xvi see Footnote - MRD can be accessed via my site. (2). MRD Document Catalfue of Charters A19 - Inspeximus and conformationby Philip & Mary of Letters Patent of Edward VI dated 12th Jan 1557. (3). The Visitation of Dorset AD 1565 Edited by Walter Metcalf FSA published Exeter by William Pollard & Co of North Street in the year 1887. Image can be accessed via my site Pages 41 to 43 with a portrait of the King and ornamental heading
'Extracts from the Municipal records of Dorchester Dorset' by Charles Herbert Mayo 1908' The Borough of Dorchester is held in ancient demesne, and the Burgesses and Inhabitants, both by charters and prescription, have possessed divers liberties and privileges; and the Bailiffs and Burgesses have petitioned that the Burgesses and Inhabitants be made a Body Corporate and Politic, by the name of the Bailiffs and Burgesses of the Borough of Dorchester The King thereupon grants their request, with legal ability to hold land, tenements, etc., in fee and perpetuity, for term of years or otherwise, to plead and be impleaded and to have a Common Seal. There shall be two Bailiffs, chosen from the Burgesses, of whom Henry WHITTELL and Richard BLACHFORD, junior., shall be the first, to continue in office until Monday after Michaelmas next ensuing; and fifteen Capital Burgesses and Councilors, to form a Common Council, thirteen of whom are to assist the Bailiffs in their office, and to hold office for life or good behavior. The first Capital Burgesses and Councilors are to be Henry WHITTELL and Richard BLACHFORD aforesaid, Mathew CHUBB. John GREEN, John YEAT, John SPICER, James GOLDE [GOULD], Oliver HAYNE, John GOLDE [GOULD] , Richard BARKER, William MILLER, Nicholas VAWTER, Joseph EYRES, John PARKINS [PERKINS] and William WHITEWAYE. The said Capital Burgesses and Councilors are to have power to fill vacancies caused by the death or removal - the oath to be taken before a Bailiff; and to elect on the Monday after Michaelmas two of the said fifteen Burgesses and Bailiffs for the year following, to be sworn before the Bailiffs, their predecessors, and to fill vacancies caused through death removal. persons duly elected, and refusing to hold office may be committed to the prison of the Borough until they submit to serve, and may be fined, and imprisoned until fines be paid. The Bailiffs and Burgesses shall have a Recorder, first being Sir George TRENCHARD senior Knight. The Bailiffs for the time being, and their predecessors for one year after quitting office, and the Recorder, shall be Justices of the Peace within the Borough. The Bailiffs and their immediate predecessors and the Recorder, or three of them (of whom must be the two Bailiffs in office and the Recorder, or two of them) shall have power to enquire into felonies, etc., within the Borough, as can be done by Justices of the Peace elsewhere, but shall not proceed to determination of murder or felony, or matters touchingon loss of life or members; but shall determine all other trespassersetc., which belong to the office of Justice of the Peace. No one of our Justices of Peace or labourers or Artificers in the County shall intermeddle within the Borough. The Bailiffs and Burgesses shall hold every three weeks on Mondays, a Court of Record, before Bailiffs and Recorder (or his sufficient deputy) or any two of them, complaints of debts, etc., not exceeding £10. The defendants to be attached by their bodies, or their goods and chattles found within the Borough, and to be committed to the Borough Prison. The Bailiffs and Capital burgesses, in the town Hall or other competent place assembed, shall have power to make bye-laws (not repugnant to the laws of the realm) with penalites attached, for the government of the Bailiffs Burgesses and Inhabitants; shall have a prison within the Borough and two Serjeants-at-Mace, to execute processes and attend upon the Biliffs and carry before them, within the Borough gilt or silver maces, with the Arms of England, as they have been used to do. No one not a free Burgess or free Inhabitant shall exercise any art, occupation or mystery, or use any shop or stat--- for sale, except only in the time of fairs and markets, within the Borough, under pain of forfeiture, fine and imprisonment. The Bailiffs and Burgesses shall have to their own--- the goods and chattles of felons, fugitives, outlaws,--- with the exception of the offences of high treason and ---munire ; shall have Return and Execution of Briefs, etc., and possess all Liberties, Franchises etc., already enjoyed and all Charters and Letters Patent, rendering to the King and his successors the accustomed rents and services. The Bailiffs and Capital Burgesses may aquire lands and tenements not exceeding £40 in clear annual value, and have these Letters Patent, under the Great Seal, without fine or fee. In "The History and Antiquities of the County of Dorset by John Hutchins": 3rd edition pub.1868 Page 349 ref has also been made the this charter:-
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[Pages 384 - 391 MRD ][Link to comments at the end of this section concerning the delay of 11 years]
Richard BUSHROD Bayliff W.WHITAKER John SPICER Edmunde DASHWOODE Oliver HAYNE Jo: PIRKINS [PERKINS] William JOLYFF Barnard TOUP D BOND [There are other names which seem to be later additions.] Here follow, for the rest of the skin of parchment, and on the back of it, a very large number of signatures of Freemen, closely written, some few being dated, the latest 1679. No seal is now attached to the document. It will be seen that these Bye-laws were not made until the lapse of eleven years subsequent to the granting of the Charter. Perhaps the two following extracts from Minute // {Start of Page 391 MRD} Book C. 4 may record a circumstance which impressed upon the Corporation the need of definite rules and constitutions for the protection of the interests of the townsmen. 6th Nov., 1619. " Upon complaynt made vnto the Baylififs and Burgesses of this Borough that one Thomas Ford is come to this Borough and heere intendeth to set vp a wholesale Trade for mercery wares for a Londoner, to the greate hindrance of the mercers within this Borough ; the Bailiffs and Capitall Burgesses of the same Borough being assembled did hold it fitt and soe did agree that seeing they haue a charter within this Borough to exclude all Forreiners that the said Thomas Ford and his master for whome he deales shall be kept out of this Borough for setting vp their said Trade here." 20th August, 1620. " The day and yeare abouseaid the company being called togither about a peticion preferred to ye Duke of Lenox by one Thomas Ford who hath lately set vp trade in this borough wherin he hath suggested that he was admitted leave and allowance of 7 of the cheifest magistrates and Justices of this towne, now all these of the Common Counsell of this borough whose names are heervnder written doe vtterly disavow that ever they gave consent to any admittance vnto him but have been very much against it and doe all agree that vsing his trade he shall bee expolsed this borough. Jo : Parkins [Perkins]; Henry Whittell; Wllia' Hertford; Oliver HAYNE; John Govld; Edmunde Dashwoode," |
Pages 56 to 58
The Borough of Dorchester is held of the King in ancient demesne, and has enjoyed divers liberties by charters and prescription The Bailiffs and Burgesses have petitioned to be made and confirmed to be a Body Corporate and Politic by the name of the Mayor, Bailiffs, Aldermen and Burgesses of Dorchester, with the addition of certain liberties. The King thereupon grants thereupon grants that the Borough of Dorchester shall be a Free Borough, and the Bailiffs, Burgesses and Inhabitants a Body Corporate and Politc, by the name aforesaid, with perpetual succession, capable of acquiring, holding and demising lands, liberties, hereditaments, etc., in and for goods and chattles, of pleading and being impleaded etc., and and to have a Common Seal. A Mayor shall be chosen from the more honest and discr? Burgesses, two Bailiffs, six Aldermen, chosen from among the Burgesses, and six other Burgesses, simialarly chosen whcich together, to the number of fifteen, shall be termed the Capital Burgesses of the Borough, with power to elect so many freemen, dwelling or not dwelling within the Borough, as they please, to be Burgesses. The Bailiffs, Aldermen and Capital Burgesses shall be a Common Council to assit the Mayor, with power to make bye-laws, with fines and imprisonment upon delinquents, not repugnant to the laws of England Frances ASHLEY, Knight, John GOULD, Richard Blachford, John PERKINS, William Whitwey Senior, Edmund Dashwood, William JOLIFF, Bernard TOUP, Dennis BOND, John Hill, John BLACHFORD, James GOULD, William WHITWEY Junior; William DERBY and Richard SAVAGE now inhabitants and freemen of the Borough, shall be the first fifteen Capital Burgesses. John PERKINS shall be Mayor, until Monday after Michaelmas next, and for one year after, being first sworn before the present Bailiffs. William JOLIFF and William DERBY shall be Bailiffs. John GOULD, Richard BLACHFORD, John PERKINS, William WHITEWEY Senior, Edmund DASHWOOD and William JOLIFFE shall be the first Aldermen for life or good behaviour, if resident, the said Bailiffs and Aldermen having been first sworn before the Mayor. The fifteen Capital Burgesses shall continue for life, unless removed for bad behaviour or non-residence. They shall assemble on the Monday after Michaelmas yearly, the elect one of the Capital Burgesses to be Mayor, (the Mayor, before executing his office, to be sworn before the last Mayor, or the Bailiffs and Capital Burgesses presnt) and two to be Bailiffs for one year (to be sworn before the Mayor before executing his office). On a vacancy occuring during the year of office another Capital Burgess shall be chosen for the residue of the term. The Mayor shall be removable for bad government, or other reasonable cause. Similar provisions are made as to the Bailiffs, and their successors, to administer the oaths, as aforesaid, without furtrher warrant. If the persons elected refuse to hold office, they shall be liable to fine and imprisonment in the Prison of the Borough. They shall have within the Borough a man learned in the law, as Recorder. Francis ASHLEY, Knight Serjeant-at-Law, shall be the first Recorder, and hold office for life, The Bailiffs for the time being, and their predecessors for one year after quitting office, and the Recorder, shall be Justices of the Peace within the Borough. The Bailiffs and their immediate predecessors and the Recorder, or three of them (of whom must be the two Bailiffs in office and the Recorder, or two of them) shall have power to enquire into felonies, etc., within the Borough, as can be done by Justices of the Peace elsewhere, but shall not proceed to determination of murder or felony, or matters touchingon loss of life or members; but shall determine all other trespassersetc., which belong to the office of Justice of the Peace. No one of our Justices of Peace or labourers or Artificers in the County shall intermeddle within the Borough. The Bailiffs and Burgesses shall hold every three weeks on Mondays, a Court of Record, before Bailiffs and Recorder (or his sufficient deputy) or any two of them, complaints of debts, etc., not exceeding £10. The defendants to be attached by their bodies, or their goods and chattles found within the Borough, and to be committed to the Borough Prison. The Bailiffs and Capital burgesses, in the town Hall or other competent place assembed, shall have power to make bye-laws (not repugnant to the laws of the realm) with penalites attached, for the government of the Bailiffs Burgesses and Inhabitants; shall have a prison within the Borough and two Serjeants-at-Mace, to execute processes and attend upon the Biliffs and carry before them, within the Borough gilt or silver maces, with the Arms of England, as they have been used to do. No one not a free Burgess or free Inhabitant shall exercise any art, occupation or mystery, or use any shop or stati? for sale, except only in the time of fairs and markets, within the Borough, under pain of forfeiture, fine and imprisonment. The Bailiffs and Burgesses shall have to their own ? the goods and chattles of felons, fugitives, outlaws, with the exception of the offences of high treason and premunire; shall have Return and Execution of Briefs, etc., and possess all Liberties, Franchises etc., already enjoyed and all Charters and Letters Patent, rendering to the King and his successors the accustomed rents and services. The Bailiffs and Capital Burgesses may aquire lands and tenements not exceeding £40 in clear annual value, and have these Letters Patent, under the Great Seal, without fine or fee, being first sworn before the Mayor. Subsequent Retorders shall be chosen by the Mayor, Bailiffs, Aldermen and of Capital Burgesses, to hold office at their pleasure, being first sworn before the Mayor. They shall also have a Common Clerk— William DERBY gentleman, to be the first—to hold office during pleas of the Mayor, Bailiffs, Aldermen and Capital Burgesses, and shall elect the subsequent Clerks. The Clerk shall be sworn before the Mayor. A Court of Record shall be held every three weeks, Monday, before the Mayor, Bailiffs, Aldermen, Recorder and the Common Clerk, or before two or more of them, of which the Mayor and Recorder (or in his absence the Common Clerk to be one, in which may be tried pleas and actions emerging within the jurisdiction of the Borough, not exceeding £40 with power of attachment by person or goods. The Mayor, Recorder, the Mayor's last predecessor ? one year, the Bailiffs, and one Capital Burgess elected by Mayor and Capital Burgesses, shall be Justices of the Peace within the Borough, and they or any three or more of them of whom the Mayor and Recorder to be two, shall have power to enquire concerning felonies, etc., as County justices have but not to determine treason, murder, or felony, or any matter touching the loss of life or members, but to hear and determine other offences which pertain to the office of Justice of the Peace. No one of our Justices of Peace or Labourers or Artific? in the County of Dorset shall intermeddle within the limits of the Borough. The aforesaid John PERKINS, before executing the office of Justice of the Peace, shall be sworn before the Bailiffs. All other Justices of the Peace shall be sworn before the Mayor. There shall be a prison within the Borough; two Serjeants-at-Mace, to execute processes and attend upon the Mayor, and carry before the Mayor within the Borough gilt or silver maces, with the arms of England, as they have have been used to do. No one, not a free Burgess or free Inhabitant, shail. exercise any art, occupation or mistery, or use any shop or stati? for sale, except only in the time of Fairs or Markets, within the Borough, under pain of forfeiture, fine and inmprisonment. The Corporation shall have to their own use the goods and chattells of felons, fugitives, outlaws, etc., with the exception of offences of high treason and premunire, to have Return and Execution of Briefs, etc., and to have all tolls of corn brought for sale in the market, as accustomed. All the Inhabitants of the Borough to be a Body Corporate and Politic, by the name of the Governor, Assistants, and Free Men of the Borough of Dorchester, with perpetual succession, capable of holding lands and tenements, goods and chattells, to plead and be impleaded, and to have a Common Seal. A Governor of the Free Men of the Borough shall be chosen, and twenty-four Free Men or free inhabitants to be the Common Council of the Free Men of the Borough to assist the Governor. The Governor, four assistants chosen by the Free Men from among the twenty-four assistants, and five other assistants chosen by the Mayor from among the Capital Burgesses, shall hold four Courts yearly, for the purpose of admitting persons to the liberty of the Borough and for treating of matters concerning the Free Men; and four other Courts yearly, to consult on matters concerning merchandise, with power of making bye-laws with penalties by way of fines and amercements (provided that in all the Courts as many Capital Burgesses be present as the Governor and other assistants), and have power of administering oaths in the said Courts and of examining upon oath. All Free Men of the Borough, justices of the Peace alone excepted, shall attend the Courts under pain of fines and amercements. Questions which may arise in the execution of the premises shall be determined by the Mayor, Bailiffs and Capital Burgesses. John LONG, of Dorchester, shall be the first Governor, to continue in office till the Monday after Michaelmas, and to be sworn before the Mayor. The Freemen shall assemble yearly on this day, and choose one of the Common Council of Freemen to be Governor for the ensuing year, to be sworn before the Mayor. On the death of a Governor while in office, another shall be chosen for the remainder of the term. The first twenty-four of the Common Council shall be Simon Hasselbury, Joseph Patie, Robert Coker, William Perkins, John Coke, John Long, Henry DERBY, Mathew Butler, Joseph Vnderwood, Edward Dashwood, Richard Williams, Henry Maber, Richard Burye, Thomas Whitle, Thomas Blachford, John Dashwood, Thomas Bushrode, Josiah Tirrey, John Allombrig, Amias Martin, Henry Sims, Robert Napper, John Stevens and George Munden, to be removable by Mayor, Bailiffs and Capital Burgesses. On a vacancy, another Freeman of the Borough shall be chosen by the Mayor, Bailiffs and Capital burgesses. The Govenor and Assistants may elect a Clerk a Receiver one or two Bedels, and other inferior officers. Ratification to the Mayor, Bailiffs, Aldermen and Vurgessesof previously existing liberties, lands etc., and all other Charters and Letters Patents, and all markets and DFairs etc. They shall render to the King and his successors accustomed rents and services. |